House Judiciary Committee Approves Bill to Shield Stone Slab Manufacturers

Washington — The House Judiciary Committee approved H.R. 5437 on June 3 by a 16-7 vote. The legislation would shield stone slab product manufacturers and sellers from lawsuits related to silicosis caused by workplace exposure to silica dust. The bill now moves to the full House for consideration.

Bill Provisions and Rationale

H.R. 5437 places the blame for workers’ health problems on fabrication companies and other employers. The bill states that a proliferation of frivolous lawsuits against manufacturers and sellers of stone slab products for alleged workplace injuries caused by the actions of third parties unrelated to and beyond the control of these manufacturers and sellers may further limit access to courts by straining the resources of the legal system and depriving deserving parties of their legitimate rights to relief, according to Safety+Health Magazine.

January Subcommittee Hearing Testimony

During a House Judiciary subcommittee hearing in January, Rep. Darrell Issa (R-CA) said reputable fabricating firms follow best practices including at a minimum wet cutting methods. Many also use completely enclosed CNC machines. Rep. Henry C. “Hank” Johnson (D-GA), ranking member of the subcommittee, stated the bill would give blanket immunity to artificial stone manufacturers and suppliers, preventing injured workers from seeking justice in court and dismissing hundreds of pending cases.

Former OSHA Assistant Secretary David Michaels testified that the industry should substitute engineered stone for a safer product following the lead of Australia. Michaels noted the epidemic of silicosis in artificial stone workers was identified in Australia before the epidemic was identified in the United States. Australia has not banned lawsuits but banned the deadly product after careful study, according to Safety+Health Magazine.

California Regulatory Action

In May, the California Occupational Safety and Health Standards Board granted a petition that could ultimately lead to a ban on fabricating and installing artificial stone products containing more than 1% crystalline silica. In response to Australia’s actions, countertop manufacturers have found a safer substitute, and many of the same manufacturers now sell the safer product in Australia and earn profits through these sales.

According to Safety+Health Magazine, the legislation addresses lawsuits over silicosis linked to workplace silica dust exposure at stone slab operations.